On Transformation of China's Special Working Hours System: Between Flexibility and Protection

Author: Prof. WANG Qian

Prof. WANG Qian, Juris Doctor graduated from University of Bremen, is an associate professor of Tongji Law School. She specializes in Labour Law and Social Security Law. She was selected in Shanghai Pujiang Talents Program, Tongji University Talents Program, Shanghai Youth Law and Legal Talents Program. She has published many articles, two monographs and one translation work. Over ten of her articles has been published in CSSCI source journals such as Legal Science, Contemporary Law Review, Journal of ECUPL. Five of her articles were reprinted by Economic Law and Labor Law of the Renmin University. In addition, Prof. WANG has completed one national-level social science research project, one provincial-level project, and three university-level projects. Meanwhile, she serves as an external review expert for three CSSCI source journals.

On Transformation of China's Special Working Hours System: Between Flexibility and Protection

Abstract: China's current special working hours system not only lags behind the overall social development, but also has the problem of rough and imperfect　regulations. In practice, there are not only some employers' legitimate demand for flexible arrangement being not met, but also some employers abusing the special working hours system to infringe on the rights and interests of workers. In the future, when reforming the special working hours system, we should first adjust the strict and rigid standard working hours system, protect the workers' right to rest under the special working hours system, consider introducing other flexible means of working　hours, strengthen supervision and inspection and increase legal liability. Then, we　can　expand the scope of posts applicable to the comprehensive calculated working hours system, while tightening the application of flexible working　hours　system. Finally, the prerequisites for the application of the special working hours system should be set to "administrative license" plus "personal consent of the worker", and　we have to make clear that the agreement of special working hours without administrative approval is invalid.

Key Words: 996; Comprehensive　Calculated　Working　Hours　System; Flexible　Working　Hours　System; the Right to Rest